LOAN AGREEMENT Dated as of September 30, 2015 between ARC NY1440BWY1, LLC, as Borrower, and H/2 FINANCIAL FUNDING I LLC, as LenderLoan Agreement • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
GUARANTYGuaranty • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
THIS GUARANTY (this “Guaranty”) is executed as of September 30, 2015 by NEW YORK REIT, INC., a Maryland corporation (“NY REIT”) and NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“NYROP”, and together with NYREIT, collectively, “Guarantor”), for the benefit of PARAMOUNT GROUP FUND VIII 1440 BROADWAY MEZZ LP, a Delaware limited partnership (together with its successors and assigns, “Lender”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
This ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of September 30, 2015 by NEW YORK REIT, INC., a Maryland corporation and NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (collectively, jointly and severally, together with their respective successors and assigns, “Guarantor”) and ARC NY1440BWY1, LLC, a Delaware limited liability company (together with its successors and assigns, “Borrower”, and, collectively with Guarantor, jointly and severally, the “Indemnitor”) in favor of STRATEGIC ASSET SERVICES LLC, a Delaware limited liability company, not individually but solely in its capacity as Agent for the Lender under the Loan Agreement (together with its successors and permitted assigns under the Loan Agreement, the “Lender”).
COLLATERAL IS OR INCLUDES FIXTURESMortgage and Security Agreement • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts
This Amended, Restated and Consolidated Mortgage, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing (as amended from time to time, this “Mortgage”) is made, and is executed as of September 30, 2015, by ARC NY1440BWY1, LLC, a Delaware limited liability company (together with its permitted successors and permitted assigns, “Mortgagor”), whose address for all purposes hereunder is 405 Park Avenue, 14th Floor, New York, NY 10022, for the benefit of Strategic Asset Services LLC, a Delaware limited liability company, not individually but solely in its capacity as Agent for the Lender as set forth in the Loan Agreement (together with all its successors and assigns, the “Mortgagee”), whose address for all purposes hereunder 375 Park Avenue, 20th Floor, New York, New York 10152.
MEZZANINE LOAN AGREEMENT Dated as of September 30, 2015 between ARC NY1440BWY1 MEZZ, LLC, as Borrower, and PARAMOUNT GROUP FUND VIII 1440 BROADWAY MEZZ LP as LenderMezzanine Loan Agreement • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
This Loan Agreement (this “Agreement”) is dated September 30, 2015 and is between PARAMOUNT GROUP FUND VIII 1440 BROADWAY MEZZ LP, a Delaware limited partnership, as lender (together with its successors and permitted assigns, including any lawful holder of any portion of the Indebtedness directly, as hereinafter defined, “Lender”), and ARC NY1440BWY1 MEZZ, LLC, a Delaware limited liability company, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, “Borrower”).
PLEDGE AND SECURITY AGREEMENT (Mezzanine Loan)Pledge and Security Agreement • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
THIS PLEDGE AND SECURITY AGREEMENT (this “Agreement”) is made as of September 30, 2015 by ARC NY1440BWY1 MEZZ, LLC, a Delaware limited liability company (“Borrower”), in favor of PARAMOUNT GROUP FUND VIII 1440 BROADWAY MEZZ LP, a Delaware limited partnership (together with its successors and permitted assigns, “Lender”).
